Service Level Agreement (SLA)

This Service Level Agreement is a contract between the entity using the Company’s Services (“Customer”) and Filecamp AG (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by posting a revised version on its website.

1. Services

For purposes of this Agreement, the services to be provided by the Company (“Services”) are those services which Customer requested be supplied by the Company and for which Customer agreed to pay based on Customer’s clicking through the options on the Company’s website.

2. Technical Support

The Company provides Customer with technical support on setup of Customer’s account on one or more of the Company’s servers, access, and other server related issues to the primary technical contact free of charge. The Company does not provide support for third party software, scripts, or components from third parties or developed by Customer.

The Company’s servers are monitored 24 hours per day, 7 days per week, 365 days per year. If your support issue can not be solved by reading the support section of the Company’s website, please send us a message with the full description of the problem and Customer’s account username. Please do not send multiple messages on the same issue. Email issues must be addressed to the appropriate email account specified in the Contact section of the Company’s website.

3. Termination

If Customer is dissatisfied with the Company’s Service or if Customer is unable to resolve a technical support issue within the parameters outlined in this Agreement the Customer can, at anytime, choose to teminate their subscription according to § 4 in the Company’s Terms & Conditions.

5. Online tools, control panel, and server management.

Customer is provided with access to Account Control Panel, and the Company expects Customer to use these tools to perform all available account and server management tasks.

These tools, together with and help, are available online at the support section of the Company’s website. If Customer experiences difficulty using these tools, the Company’s technical support personnel will help Customer learn how to use these tools. However, the Company’s technical support personnel shall not be expected to perform for Customer the tasks that can be done through the available tools.

6. Servers Availability

The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.

6.1 Application (Web) Server

(a) Availability. The Company guarantees a 99.7% monthly average of scheduled availability of its Servers. The Company does not monitor availability of individual Customer accounts but only monitors the server availability as a whole.

In cases where two or more consecutive HTTP tests fail, the server downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.

6.2 Network Availability

Network availability is defined as the Company’s network’s ability to pass incoming and outgoing traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.

6.3 Scheduled Maintenance

To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance sometime requires taking Company servers off-line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of server maintenance whenever possible.

7. Server Storage Capacity

Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased through Account control panel for an additional charge, as described on the Company’s website. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.

8. Ownership of Data

All data (a) created by Customer and/or (b) stored by Customer within Company’s applications and on the Company’s servers are Customer’s property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of data contained within the Customer’s server space and applications on the Company’s servers.

9. Data Integrity

The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers. Routine backups are performed for emergency recovery purposes only. THE COMPANY SHALL NOT RESTORE THE DATA UPON CUSTOMER’S REQUEST.

In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.

10. Data Retention

The company shall not retain any of customer’s data after account termination. all data is deleted (a) from the servers at the time the account is terminated and (b) from back-ups during scheduled back-up rotation. The company shall not restore, “burn” to cd, or send out any data pertaining to terminated accounts.

11. Privacy Statement

The Company values the privacy of its customers. Please refer to the Company´s Privacy Policy for further information.